Facebook avoids wiretapping by the US government UU Messenger phone calls encrypted
Facebook avoids wiretapping by the US government UU Messenger phone calls encrypted
Stock Photo: a man poses with a magnifying glass in front of a Facebook logo that is shown in this illustration taken in Sarajevo, Bosnia and Herzegovina, December 16, 2015. REUTERS / Dado Ruvic / Illustration
A federal judge in California ruled this month that the government can not force Facebook to listen to voice calls through its popular Messenger application keeping the company in contempt, according to Reuters.
The sealed decision was a major blow to the Justice Department, which tried to make Facebook comply with a wiretapping request for an investigation into the gang MS-13 notoriously violent.
"Secure-proof encryption is a serious problem," said Deputy Attorney General Rod J. Rosenstein in a speech last October. "It's almost certain that technology companies will not develop responsible encryption if they are left to their own devices," he said. "They are in the business of selling products and making money. . . . We are in the business of preventing crime and saving lives. "
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However, it is a positive development for technology companies that are trying to avoid government pressure to provide surveillance as they develop enhanced encryption programs to protect the privacy of clients.
Federal law currently requires telecommunications providers to give the police access to calls, but Facebook maintains that Messenger is not in this category. The company created the application to have an "end-to-end" encryption, which means that Facebook can not decode encrypted voice signals in transit between phones.
Facebook argued that granting police access to Messenger voice calls would create a costly and undue burden that would violate the "technical assistance" provision of the Wiretapping Act. The judge who presided over the case in a US District Court. UU In Fresno he agreed, and denied a joint state and federal task force compliance with the wiretapping order.
"The question in these cases is often: 'What is the minimum interference?'" Said Jennifer Granick, surveillance and cybersecurity advisor for the American Civil Liberties Union, The Washington Post.
The case of Fresno is a sharp contrast to the confrontation between Apple and the Justice Department, where the government successfully accessed the data stored in the iPhone that belonged to San Bernardino gunman without the help of Apple.
Although similar to Apple's position, Facebook said it can not be expected to alter its software to help with the FBI's investigation. Apple made the same claim when it decided not to invade a terrorist's iPhone in 2016.
At that time, the case provoked a discussion of policies on how to protect the public and at the same time maintain the privacy of the user. The Obama administration decided not to apply legislation that requires companies to develop surveillance capabilities in their services.
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Under President Trump, the Justice Department is taking a more aggressive stance. This particular case is especially relevant to the current administration, as it deals with MS-13, a group that Trump has called "animals" and is used as an example of why the US. UU They need more stringent immigration laws.
The government's private presentations on Facebook could provide an idea of why the officials decided to address Messenger's voice calls. This additional information about the government case against Facebook can be presented by lawyers of the 16 alleged gang members.
Mark Broughton, a lawyer for one of the defendants, Denis Barrera-Palma, said he would request the prosecutors' request to listen to the Facebook Messenger wiretaps.
"I would be interested to see or try to get an order that does not seal that information to adequately represent my client," Broughton told Reuters.
His client, Barrera-Palma, faces charges of murder conspiracy in California and federal counts of assault with a deadly weapon and drug conspiracy. Barrera-Palma has pleaded not guilty to federal charges.
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